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(영문) 부산지방법원 동부지원 2016.07.06 2016고단555

자동차손해배상보장법위반등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 26, 2015, the Defendant driven a non-registered cab, which was not covered by mandatory insurance without obtaining a motor device driver's license from approximately 150 meters section of the Dong-gu, 150 meters away from the apartment apartment underground parking lot located in the same Dong-gu, Busan Metropolitan Mari-dong, to around 19:36, 2015, and was under the influence of 0.086% alcohol during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries into the ledger of driver's licenses, inquiry into mandatory insurance, and application of Acts and subordinate statutes to reports on the circumstances of drivers;

1. Article 148-2 (2) 3, Article 44 (1) (the point of drinking alcohol), Article 154 subparagraph 2, and Article 43 (the point of driving a motor device or bicycle without a license) of the Road Traffic Act concerning facts constituting an offense, and Articles 46 (2) 2 and 8 of the Guarantee of Automobile Compensation Insurance Act (the point of operating an non-insurance motor vehicle);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Act (including the following sentencing taking into account the favorable circumstances), is that the instant crime driven by drinking otobbs without a license or without an insurance, and the nature of the crime is not good.

However, it is favorable for the defendant to recognize the facts charged and seriously reflect it.

In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.

[Sentencing Criteria] - Multiple Offenses: No sentencing criteria are set.